Belgium: 1 cases

Overview

Belgium has so far not initiated any cumulative prosecutions for core international crimes and terrorism. March 2023 marked the first arrest of an individual on suspicion of core international crimes and affiliation with a terrorist organisation in Syria.
 

Genocide, crimes against humanity, and war crimes are criminalised in the Belgian Criminal Code (BCC), through Articles 136bis, 136ter, and 136quater respectively, following the passing of Act of 5 August 2003 on serious violations of international humanitarian law. Terrorism offences are also contained in the BCC, specifically in Title I ter. Belgian provisions governing the application of universal jurisdiction are governed in Article 10 of the Belgian Code of Criminal Procedure (BCCP). Following relevant legal amendments in 2003, universal jurisdiction is interpreted narrowly in Belgium making it only applicable to cases in which Belgium has an obligation to prosecute pursuant to international treaties. Consequently, Belgium relies on the application of the extended active personality and extended passive personality principles, which are incorporated in Article 12bis BCCP.
 

Belgium does not have a specialised war crimes unit within its police or prosecution services. However, since 2021, four magistrates within the federal prosecution service work on issues of serious violations of international humanitarian law. Proceedings can be initiated proprio motu by the prosecution office on own initiative or through complaints filed by an allegedly injured party which are assessed by the federal prosecutor before potentially requesting the opening of an investigation. Once approved by the pre-trial chamber, cases concerning core international crimes are adjudicated by the Court of Assizes, composed of three magistrates and a popular jury of twelve citizens. Appeals can be brought before the Supreme Court as court of last instance.

 

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Last update: 15 September 2025